Prajapath Ramesh Kumar, vs The Union Bank Of India on 9 July, 2025

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(Per Sri Justice Ravi Cheemalapati)

The petitioner, claiming to be the tenant of the premises, challenges

the order dated 10.05.2024 passed in Crl.M.P.No.27 of 2024 by the learned

Chief Judicial Magistrate-cum-Principal Assistant Sessions Judge, Nellore,

under the provisions of the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the

SARFAESI Act’) whereby and whereunder a warrant of commission was issued

for taking over physical possession of the subject premises.

HCJ & RCJ

2. The contents of the writ petition, in brief, are that the petitioner is a

tenant of the subject premises since 2011 as is evidenced by GST Registration

Certificate and owners of the said premises executed a registered lease deed

in his favour on 26.12.2023 for a period of two years, which expires on

29.09.2025. That when his owners tried to evict him, he filed O.S.No.33 of

2024 on the file of learned Principal Junior Civil Judge, Kovur and the same

was ended in compromise before Lok Adalat bench, Kovur and an award was

passed on 16.03.2024 as per which the petitioner is entitled to continue in

possession of the property till expiry of lease on 29.09.2025.

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